Executive Parity: How the Structure of Executive Branches at the City, State, and Federal Level Impacts Presidents and Presidential Candidates.

Transcription

1 From the SelectedWorks of Alexandra R. Harrington December, 2007 Executive Parity: How the Structure of Executive Branches at the City, State, and Federal Level Impacts Presidents and Presidential Candidates. Alexandra R. Harrington Available at:

2 Executive Parity: How the Structure of Executive Branches at the City, State, and Federal Level Impacts Presidents and Presidential Candidates. Alexandra R. Harrington, Esq. Part I In the comedy film My Fellow Americans, a former president created the following lyrics for the iconic presidential tune Hail to the Chief : Hail to the Chief, if you don t I m going to beat you. 1 While this is most certainly a comedic overstatement, the sentiment it echoes reflects an undeniable element in an American president s persona power of office and decisiveness. This element is unique to both the person and the office; the office has withstood a variety of personalities ranging from mild to magnetic because of the way in it is structured. Indeed, even during the nadir of the Clinton impeachment process, when pundits were exclaiming that the impeachment effort could cause a crisis of confidence in the presidency, the office endured because of its structure. Through strong presidents, weak presidents, wars, depressions, and times of relative calm, the office of the American president has been shaped and guided by the same structure that was created by the Founding Fathers. With the specter of the 2008 presidential election already upon the electorate and daily reminders of its importance and the multitude of candidates seeking office broadcast through the media, there is perhaps no better time to examine the types of institutional structures which give presidential candidates the greatest exposure to and J.D., Albany Law School of Union University; B.A. History, B.A. Politics, New York University. The author would like to thank her parents, George and Barbara Harrington, and Onchan Inkhamfong for their patience and guidance in the writing of this article. As also always, the author is grateful to John Harrington for his transatlantic support. 1 See MY FELLOW AMERICANS, WARNER HOME VIDEO,

3 experience in the powers, obligations, and identity of an executive in our three branch system of government. Without examining personalities or specific issues that have and will come into play during the 2008 election cycle, 2 a comparison of the constitutional and legal powers of state governors, members of Congress, and mayors of large American cities provides unique insights into the skills acquired by aspiring presidential contenders as a result of the legal structure superimposed on their various current and previous governmental offices by constitution, laws, and charters. Part II of this article examines the historical significance and success of governors who have become presidents. 3 This section then goes on to examine the parallels between the constitutional and legal powers of the American president and the constitutional and legal powers common to state governors under the constitutions and statutory schemes of the individual states. 4 Extrapolating from these provisions, this section argues that governors make strong presidential candidates because of the powers and duties vested in them through the structure of their office. 5 Part III of this article examines the constitutional and legal powers vested in members of Congress and contrasts them with the legal powers and duties vested in the American president. 6 This section argues that members of Congress have different experiences due to the laws and structures which govern them and define their office and 2 It is not the author s intent to advocate for any candidate, or group of candidates, for the 2008 presidential election; indeed, the author s hope in writing this article is to allow its readers a prism through which to reexamine all candidates in a way that removes personality and media attention from analysis and form their own conclusions as to the role that structural constraints on various offices should play in evaluating any presidential candidate. 3 See infra Part II. A. 4 See infra Part II. B. 5 See infra Part II. C. 6 See infra Parts III. A, III. B. 2

4 that, accordingly, they are less acclimated to the legal and personal demands made on the American president. 7 Part IV of this article examines the powers and duties vested in the mayors of seven major U.S. cities Boston, Chicago, Houston, Los Angeles, Miami, New York City, and Philadelphia in contrast to the presidential powers and duties. 8 This examination is made not only because of the possibility that a candidate in 2008 will be a former mayor, but also because, as mayors assume heightened visibility in a post- September 11 th world, they are now, and in the future will be, more viable presidential candidates. Finally, Part V of this article summarizes the constitutional and legal powers and duties of the American president, state governors, members of Congress, and mayors of large cities, and argues that state governors and mayors are given more executive practice due to the specific laws governing their respective offices. 9 The goal of this article is not to support one candidate or party, rather, it is to demonstrate the ways in which law superimposes itself on the political system in perhaps unexplored ways. Part II Often, the only mention that a small or even medium sized state receives in the context of a presidential election is during the course of its primary. However, 7 See infra Part III. B. 8 See infra Part IV. 9 See infra Part V. 3

5 gubernatorial presidents, such as Woodrow Wilson, 10 William Henry Harrison, 11 and William J. Clinton, 12 have demonstrated that presidents can rise from smaller and less visible states as well as from larger and more dominant states. Indeed, it is interesting to note that Ronald Reagan was the first gubernatorial president from California, 13 New York has not had a gubernatorial president since Franklin Delano Roosevelt, 14 and Florida has never had a gubernatorial president. 15 With these historical lessons in mind, the author has decided to focus on national trends of shared traits between all or nearly all state governors, regardless of the size or notoriety of the state they serve, because presidential history and legal structure teach that when it comes to gubernatorial presidents, any state can provide the next president. A. Gubernatorial Presidencies Of America s forty-three presidents, fifteen have held office as governor of a state prior to their presidency. 16 These fifteen presidents include many of the most iconic and well known presidents in American history, such as George W. Bush, 17 Jimmy Carter, See THE WHITE HOUSE, The Presidents of the United States, Woodrow Wilson, available at (last visited March 11, 2007) (explaining that President Wilson had held the office of Governor of the State of New Jersey prior to his election as president). 11 See THE WHITE HOUSE, The Presidents of the United States, William Henry Harrison, available at (last visited March 11, 2007) (explaining that President Harrison had served as Governor of the Indiana Territories prior to becoming president). 12 See THE WHITE HOUSE, The Presidents of the United States, William J. Clinton, available at (last visited March 11, 2007) (explaining that, prior to assuming the role of president, President Clinton was the Governor of Arkansas). 13 See THE WHITE HOUSE, The Presidents of the United States, Ronald Reagan, available at (last visited March 11, 2007). 14 See THE WHITE HOUSE, The Presidents of the United States, Franklin Delano Roosevelt, available at (last visited March 11, 2007). 15 See generally THE WHITE HOUSE, The Presidents of the United States, available at (last visited March 11, 2007). 16 See generally id. 4

6 William Clinton, 19 Ronald Reagan, 20 Franklin Delano Roosevelt, 21 Theodore Roosevelt, 22 and Woodrow Wilson, 23 as well as some the lesser known presidents, such as Calvin Coolidge, 24 Warren Harding, 25 William H. Harrison, 26 Rutherford B. Hayes, 27 William McKinley, 28 James Polk, 29 John Tyler, 30 and Andrew Johnson See THE WHITE HOUSE, The Presidents of the United States, George W. Bush, available at (last visited March 11, 2007). 18 See THE WHITE HOUSE, The Presidents of the United States, Jimmy Carter, available at (last visited March 11, 2007). 19 See THE WHITE HOUSE, The Presidents of the United States, William J. Clinton, available at (last visited March 11, 2007) 20 See THE WHITE HOUSE, The Presidents of the United States, Ronald Reagan, available at (last visited March 11, 2007). 21 See THE WHITE HOUSE, The Presidents of the United States, Franklin Delano Roosevelt, available at (last visited March 11, 2007). 22 See THE WHITE HOUSE, The Presidents of the United States, Theodore Roosevelt, available at (last visited March 11, 2007). 23 See THE WHITE HOUSE, The Presidents of the United States, Woodrow Wilson, available at (last visited March 11, 2007). 24 See THE WHITE HOUSE, The Presidents of the United States, Calvin Coolidge, available at (last visited March 11, 2007). 25 See THE WHITE HOUSE, The Presidents of the United States, Warren Harding, available at (last visited March 11, 2007). 26 See THE WHITE HOUSE, The Presidents of the United States, William Henry Harrison, available at (last visited March 11, 2007). 27 See THE WHITE HOUSE, The Presidents of the United States, Rutherford B. Hayes, available at (last visited March 11, 2007). 28 See THE WHITE HOUSE, The Presidents of the United States, William McKinley, available at (last visited March 11, 2007). 29 See THE WHITE HOUSE, The Presidents of the United States, James Polk, available at (last visited March 11, 2007). 30 See THE WHITE HOUSE, The Presidents of the United States, John Tyler, available at (last visited March 11, 2007). 31 See THE WHITE HOUSE, The Presidents of the United States, Andrew Johnson, available at (last visited March 11, 2007). 5

7 Certainly, the House and Senate, as well as the military, 32 have given the nation some of its most visible presidents as well. And, indeed, several presidents, including Abraham Lincoln, 33 were state-wide politicians who held no federal or state office prior to their election, 34 or were cabinet members or otherwise members of federal and state bureaucracies prior to their elections. 35 However, in the World War II years and beyond, gubernatorial presidents have come to preside over the nation during some of the most important international and domestic security threats and crises. 36 Many of the presidents who have served during this time and were not governors were vice presidents prior to assuming the role of president, and were in that sense better exposed to the requirements 32 See THE WHITE HOUSE, The Presidents of the United States, George Washington, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Dwight D. Eisenhower, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Ulysses S. Grant, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Andrew Jackson, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Zachary Taylor, available at (last visited March 11, 2007). 33 See THE WHITE HOUSE, The Presidents of the United States, Abraham Lincoln, available at (last visited March 11, 2007). 34 See THE WHITE HOUSE, The Presidents of the United States, Grover Cleveland, available at (last visited March 11, 2007) (explaining that President Cleveland had served as both Mayor of Buffalo, New York, and Governor of New York State prior to his election as president); 35 See THE WHITE HOUSE, The Presidents of the United States, George H.W. Bush, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Chester A. Arthur, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Herbert Hoover, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Thomas Jefferson, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, William Taft, available at (last visited March 11, 2007). 36 Specifically, Franklin Delano Roosevelt during World War II, Jimmy Carter during the beginning of the Iranian Hostage Crisis, Ronald Reagan during both the end of the Iranian Hostage Crisis and the end of the Cold War, William Clinton during the Oklahoma City bombings, the bombing of the USS Cole, and the bombing of the U.S. embassy in Kenya, and George W. Bush during the September 11, 2001 attacks and both the wars in Afghanistan and Iraq. Further, Presidents Carter, Reagan, Clinton, and George W. Bush experiences economic downturns, and, for some, upturns, during the course of their presidencies. 6

8 of the presidency and further removed from their prior roles as members of the House or Senate. 37 Interestingly, many presidents who came from Congress or other walks of life prior to serving as president had gubernatorial aspirations at one point in their lives. 38 For most, the loss of a gubernatorial race spurred a Congressional career which would ultimately lead to election as president. 39 Thus, while there is not a test for overall presidential success, presidential history since World War II indicates that this nation has consistently called on governors to tackle the challenges faced by the nation and the world in light of the increasingly listless global atmosphere and the status of the United States as a bulwark and defender of freedom. B. Presidential Structuralism 37 These presidents were President Truman, President Lyndon Johnson, President Ford, and President George H.W. Bush. See THE WHITE HOUSE, The Presidents of the United States, Harry Truman, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Lyndon B. Johnson, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Gerald Ford, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, George H.W. Bush, available at (last visited March 11, 2007). 38 See THE WHITE HOUSE, The Presidents of the United States, Warren Harding, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Benjamin Harrison, available at (last visited March 11, 2007); THE WHITE HOUSE, The Presidents of the United States, Richard Nixon, available at (last visited March 11, 2007); 39 THE WHITE HOUSE, The Presidents of the United States, Benjamin Harrison, available at (last visited March 11, 2007); 7

9 When examining the issue of presidential structuralism, it is important to note that the Framers of the Constitution explicitly stated that the Office of the President and the Executive Branch were modeled exclusively on the various state constitutions in use by the original thirteen states. 40 Although the Framers admitted that there were problems with the system of government devised by the Articles of Confederation, they faulted the weak federal construct and not the strong state apparatuses and created the constitution to accommodate this realization. 41 Perhaps the most well known of all the elements that create the structure of the American president is the president s status as commander-in-chief of the military. 42 This power is of vital importance, especially given the current war; however this power is only one of many powers that is specifically vested in the president which, when taken together, create the structure within which the presidency finds its definition and its source of strength. Constitutionally, the President is the chief executive of the United States 43 and the commander-in-chief of the United States Armed Forces. 44 These dual functions guide the office of the president and his ultimate decisions. Unlike some systems where the president has a symbolic function and the prime minister has a more practical role, the 40 See JAMES MADISON, FEDERALIST NO. 39: THE CONFORMITY OF THE PLAN TO REPUBLICAN PRINCIPLES For the Independent Journal. 41 See ALEXANDER HAMILTON, FEDERALIST NO. 15: THE INSUFFICIENCY OF THE PRESENT CONFEDERATION TO PRESERVE THE UNION FOR THE INDEPENDENT JOURNAL; JOHN JAY, FEDERALIST NO. 3: CONCERNING THE DANGERS FROM FOREIGN FORCE AND INFLUENCE FOR THE INDEPENDENT JOURNAL. 42 U.S. CONST. ART. II 2 cl U.S. CONST. ART. II U.S. CONST. ART. II 2 cl. 1. 8

10 structure given to the American president is that of ultimate decision maker for every aspect of the nation s policies, from economics to the military. The presidency is not only bounded by the structure of the powers vested in it, but also by procedural boundaries and steps necessary to ensure that checks and balances are in fact maintained under the governmental systems devised by the constitutional framers. Each of the presidents terms is four years in duration, 45 and, by virtue of the Twenty- Second amendment, the President is now subject to a two term limit. 46 While the president is the chief executive, he is not above rebuke and can be impeached by the Congress, and the Congress only. 47 In order to affect resolution of pressing issues to the nation and the president, the president is provided with the constitutional power to convene extraordinary sessions of Congress. 48 In the event of death, resignation, or incapacity of a president, a legally established line of succession has been created, ensuring that the nation shall not be without a leader for any period of time. 49 Thus, the structure of the presidency itself reinforces that the president is essential to the nation and that the president as a person is only part of the office, with the other part of importance being the office itself. In order to allow the president to implement his policies and to rely on those he deems appropriate to work for the country and himself, the president has the authority to 45 U.S. CONST. ART. II U.S. CONST. AMEND. XXII. 47 U.S. CONST. ART. I. 3 cl U.S. CONST. ART. II U.S. CONST. AMEND. XX 3. 9

11 appoint cabinet members, 50 department and agency heads, 51 and federal judges of all levels 52 with the advice and consent of the senate. 53 As the chief executive of the nation, the president has primary authority over the United States foreign policy and conduct of international relations and is the sole office holder who is responsible for meeting and accepting the credentials of foreign diplomats. 54 Although Congress must ratify any treaty signed by the president in order for it to have the force and effect of law in the United States, 55 the president may enter into executive agreements with foreign states without legislative approval. 56 Because of his structural role as the chief executive of the nation, the president is tasked with transmitting his proposed budget to Congress on an annual basis, and is constitutionally required to address Congress on what has been interpreted to be a yearly basis. 57 Although all appropriations bills ultimately begin in the House, 58 the president s budget proposals serve as a guideline for the budgetary debate, and are unveiled prior to the creation of legislative appropriations bills. In this way, the structure of the presidency defines the debate over the nation s funding of certain programs and initiatives and overall spending. At the other end of the legislative spectrum, the president has veto power, 59 and may use it at any time that he deems fit, or may chose to exercise it 50 U.S. CONST. ART. II 2 cl Id. 52 Id. 53 Id. 54 U.S. CONST. ART. II 2 cl U.S. CONST. ART. I See Frederic L. Kirgis, International Agreements and U.S. Law, ASIL INSIGHTS, May 1997, available at (last visited March 15, 2007). 57 U.S. CONST. ART. II U.S. CONST. ART. I. 9 cl U.S. CONST. ART. I 7. 10

12 passively through a pocket veto 60 ; however, a presidential veto may be overridden by a 2/3 majority vote of both the House and the Senate. 61 Given the tight margins of majority that have predominated in recent Congressional sessions, however, veto overrides are becoming increasingly less likely. Thus, the veto power of the president is itself limited by another structure, albeit one that is constrained by its own structural confines. Presidents are also the ultimate arbiter of emergency management, and have the ability to declare portions of any state as emergency areas following disasters or other events that cause havoc or devastation to an area. Thus, subject to the checks and balances designed by the Founding Fathers, the American president is the quintessential chief executive, serving as the public face of the nation domestically and internationally, and bounded only by the structural limits placed on his office. In this, the presidency is the ultimate executive structure. C. Gubernatorial Structuralism A visit to multiple states, or a review of the constitutions and laws of multiple states, dramatically illustrates that no two states are the same in history, culture, or character. However, despite these differences, state constitutions and laws pertaining to governors are, by and large, uniform in the powers and checks they impose on that office and the structures through which these offices work. In terms of structured procedure, uniformly governors have four year terms, and twenty-five states have placed term limits on their governors in order to limit the 60 Id. 61 Id. 11

13 influence and power wielded by those holding the executive office in the state. 62 The states imposing gubernatorial term limits unanimously limit their governors to two terms in office. 63 In all states, governors are the chief executives of the state, and this forms the structural boundary within with the governor of each state operates. 64 Nearly all states provide that their governor is the commander-in-chief of the state militia, 65 and any other 62 See ALASKA CONST. ART. III 5 (2006); ARIZ. CONST. ART. V 1 (2006); CAL. CONST. ART. 5 2 (2006); COLO. CONST. ART. IV 2 (2006); FLA. CONST. ART. IV 5 (b) (2006); HAWAII CONST. ART. V 1 (2006); IND. CONST. ART. 5 1 (2006); KANSAS CONST. ART. I 1 (2006); KY. CONST. 71 (2006); LA. CONST. ART. IV 3 (2006); MAINE CONST. ART. V pt. I 2 (2006); MD. CONST. ART. II 1 (2006); MICH. CONST. ART. V 30 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 11 (b) (2006); MONT. CONST. ART. IV 8 (2006); N.M. CONST. ART. V 1 (2006); N.C. CONST. ART. III 2 (2006); OHIO CONST. ART. III 2 (2006); OKLA. CONST. ART. VI 4 (2006); ORE. CONST. ART. V 1 (2006); PENN. CONST. ART. 4 3 (2006); R.I. CONST. ART. IX 1 (2006); S.C. CONST. ART. IV 3 (2006); TENN. CONST. ART. III 4 (2006); VA. CONST. ART. V 1 (2006); W. VA. CONST. ART. VII 4 (2006). 63 Id. 64 See ALA. CONST. ART. V 113 (2006); ALASKA CONST. ART. III 1 (2006); ARK. CONST. ART. 6 2 (2006); ARIZ. CONST. ART. V 4 (2006); CAL. CONST. ART. 5 1 (2006); COLO. CONST. ART. IV 2 (2006); CONN. CONST. ART. VI 5 (2006); DEL. CONST. ART. III 1 (2006); FLA. CONST. ART. IV 1 (a); GA. CONST. ART. V II para. II (2006); HAWAII CONST. ART. V 1 (2006); IDAHO CONST. ART. IV 5 (2006); ILL. CONST. ART. V 8 (2006); IND. CONST. ART. 5 1 (2006); IOWA CONST. ART. IV 1 (2006); KANSAS CONST. ART. I 3 (2006); KY. CONST. 69 (2006); LA. CONST. ART. IV 1 (2006); MAINE CONST. ART. V pt. I 1 (2006); MASS. CONST. pt. II ch. II I art. I (2006); MD. CONST. ART. II 1 (2006); MICH. CONST. ART. V 1 (2006); MINN. CONST. ART. V 3 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 1 (2006); MONT. CONST. ART. IV 8 (2006); NEB. CONST. ART. IV 6 (2006); NEV. CONST. ART. 5 1 (2006); NH. CONST. pt. 2 art. 41 (2006); N.J. CONST. ART. V 1 para 1 (2006); N.Y. CONST. ART. IV 1 (McKinney 2006); N.C. CONST. ART. III 1 2 (2006); N.D. CONST. ART. V 1 (2006); OHIO CONST. ART. III 5 (2006); ORE. CONST. ART. V 1 (2006); PENN. CONST. ART. 4 2 (2006); R.I. CONST. ART. IX 1 (2006); S.C. CONST. ART. IV 1 (2006); S.D. CONST. ART. IV 1 (2006); TENN. CONST. ART. III 1 (2006); TEXAS CONST. ART. IV 1 (2006); UTAH CONST. ART. VII 5 (2006); VT. CONST. CH. II 3 (2006); WASH. CONST. ART. III 2 (2006); W. VA. CONST. ART. VII 5 (2006); WISC. CONST. ART. V 4 (2006); WY. CONST. ART. 4 4 (2006). 65 See ALA. CONST. ART. V. 131 (2006); ALASKA CONST. ART. II 19; ARK. CONST. ART. 6 6 (2006); ARIZ. CONST. ART. V 3 (2006); CAL. CONST. ART. 5 7 (2006); COLO. CONST. ART. IV 5 (2006); DEL. CONST. ART. III 8 (2006); FLA. CONST. ART. IV 1 (a) (2006); GA. CONST. ART. V II para. III (2006); HAWAII CONST. ART. V 5 (2006); ILL. CONST. ART. XII 4 (2006); IND. CONST. ART (2006); IOWA CONST. ART. IV 7; KANSAS CONST. ART. 8 4 (2006); KY. CONST. 75 (2006); LA. CONST. ART. IV 8 (2006); MASS. CONST. pt. II ch. II I art. VII (2006); MD. CONST. ART. II 8 (2006); MICH. CONST. ART. V 11 (2006); MONT. CONST. ART. V 3 (2006); N.J. CONST. ART. V 5 (2006); N.Y. CONST. ART. IV 3 (McKinney 2006); N.C. CONST. ART. III 5 (2006); N.D. CONST. ART. V 7 (2006); R.I. CONST. ART. IX 3 (2006); TEXAS CONST. ART. IV 7 (2006); WISC. CONST. ART. V 4 (2006); WY. CONST. ART. 4 4 (2006). 12

14 state military body that might exist. 66 The governor is also the primary emergency manager in each state, and this role is strengthened through the Interstate Emergency Management Compact, to which nearly all states are signatories and which provides uniformity in emergency response and in states offering assistance to other states that have been affected by a variety of emergencies, 67 and the Interstate Civil Defense and Disaster Compact, which provides for many of the same protections and assurances as the Interstate Emergency Management Compact. 68 All governors have the authority to work with governors of other states for a variety of purposes; examples of such cooperation include the adoption of various regional and interstate compacts and agreements addressing variety of issues, such as natural resource and water rights, 69 trade facilitation 66 For example, in New York the constitution provides for a state navy. Although largely ceremonial today, it is still in existence and serves under the ultimate command of the governor. See N.Y. CONST. ART. IV 3 (McKinney 2006). See also CAL. CONST. APPX. I ART. V 5 (2006); DEL. CONST. ART. III 8 (2006); IOWA CONST. ART. IV 7 (2006); KY. CONST. 75 (2006); MASS. CONST. pt. II ch. II I art. VII (2006); MD. CONST. ART. II 8 (2006); N.J. CONST. ART. V 5 (2006); R.I. CONST. ART. IX 3 (2006). 67 See ALA. STATE. ANN , (2006); ALASKA STAT. ANN (2006); ARIZ. STAT. ANN (2006); COLO. STAT. ANN (2006); CONN. STAT. ANN a (2006); 20 DEL. CODE 3401 (2006); GA. STAT. ANN (2006); IDAHO STAT. ANN A (2006); 45 ILCS 151/5 (2006); IND. STAT. ANN (2006); IOWA STAT. ANN. 29C.21 (2006); KANSAS STAT. ANN. 48-9a01 (2006); KY. STAT. ANN. 39A.950 (2006); LA. STAT. ANN. 29:733 (2006); MD. PUB. SAFETY CODE ANN (2006); MICH. STAT. ANN (2006); MINN. STAT. ANN ; MO. STAT. ANN (2006); N.J. STAT. ANN. 38A:20-5 (2006); N.M. STAT. ANN (2006); TENN. STAT. ANN (2006); UTAH STAT. ANN (2006); VA. STAT. ANN :1) (2006); W. VA. STAT. ANN (2006); WISC. STAT. ANN (2006). 68 See ARK. STAT. ANN (2006); KANSAS STAT. ANN (2006); NEV. STAT. ANN (2006); N.Y. MIL. APPX. 1 (McKinney 2006); 36 PA. C.S (2006); R.I. STAT. ANN (2006); S.C. CODE ANN (2006). 69 See ARK. STAT. ANN (2006) (signing Arkansas onto the Interstate Compact to Conserve Oil and Gas); CAL. PUB. RESOURCES CODE 3276 (signing California onto the Interstate Compact to Conserve Oil and Gas); 45 ILCS 55/1 (adopting the Interstate Compact to Conserve Oil and Gas); IND. STAT. ANN (2006) (adopting the Interstate Mining Compact); KY. STAT. ANN (adopting the Interstate Mining Compact); MA. SPEC. L. CH. S119 1 (adopting the Water Pollution Control Compact); MASS. SPEC. L. CH (adopting the Northeastern Water and Related Resources Compact); MD. ENV. CODE. ANN (2006) (adopting the Interstate Oil and Gas Compact); MO. STAT. ANN (2006) (adopting the Kansas-Missouri Air Quality Compact); MONT. STAT. ANN (2006) (adopting the Interstate Oil and Gas Conservation Compact); NEV. STAT. ANN (2006) (adopting the Interstate Oil and Gas Conservation Compact); N.H. STAT. ANN. 163-A:1 (adopting the Northeast Interstate Planning Compact); N.J. STAT. ANN. 32:11E-1 (2006) (adopting the Atlantic States Marine Fisheries Compact); N.C. STAT. ANN. 104D-1 (2006) (adopting the Southern States Energy Compact); 52 OKL. STAT. 205 (2006) (adopting the Interstate Oil and Gas Conservation Compact); S.C. STAT. ANN (adopting the Interstate Oil and Gas Conservation Compact); TENN. STAT. ANN

15 and regulation, 70 transportation and shared waterways security and conservation, 71 and security, and law enforcement related agreements. 72 Indeed, many issues which are faced by a governor require the input of other governors, be it for compacts or for assistance and aid in the event of an emergency or disaster or in the regulation of shared boarders and the activities occurring on and near them. (2006) (adopting the Interstate Mining Compact); VA. STAT. ANN (adopting the Southern States Energy Compact). 70 See GA. STAT. ANN (2006) (adopting the Southern Dairy Compact); IDAHO STAT. ANN (2006) (adopting the Pacific Northwest Economic Region Agreement); K.S.A. 82a-529 (2006) (adopting the Big Blue River Basin Compact); LA. STAT. ANN. 3:4021 (2006) (adopting the Southern Dairy Compact); MASS. SPEC. L. S137 (adopting the Connecticut River Atlantic Salmon Compact); MASS. SPEC. L. ch. S139 (adopting the Northeast Interstate Dairy Compact); N.H. STAT. ANN. 213-A:1 (adopting the Connecticut River Atlantic Salmon Compact); N.J. Stat. Ann 32:35-2 (2006) (adopting the Northeast Interstate Dairy Compact); N.Y. AG. & MKTS. L. 258-kk (adopting the Northeast Interstate Dairy Compact); N.C. STAT. ANN (2006) (adopting the Southern Dairy Compact); R.I. STAT. ANN (2006) (adopting the Atlantic States Marine Fisheries Compact); R.I. STAT. ANN (2006) (adopting Northeast Interstate Dairy Compact); VA. STAT. ANN (adopting the Southern Dairy Compact). 71 See GA. STAT. ANN (2006) (adopting the Mississippi-Louisiana-Alabama-Georgia Rail Transit Compact); 45 ILCS 145/1 (2006) (adopting the Great Lakes Basin Compact Act); 70 ILCS 10/2 (adopting the Interstate Airport Authority Act); LA. STAT. ANN. 30:401 (2006) (adopting the Louisiana- Mississippi Tangipahoa River Waterway Compact); MASS. SPEC. L. ch. S137 (adopting a compact with the State of Rhode Island regarding Bay Systems); MINN. STAT. ANN (2006) (adopting the Midwest Interstate Passenger Rail Compact); MISS. STAT. ANN (2006) (adopting the Interstate Compact to Promote Four Lanes for US Highway 82); N.M. STAT. ANN (adopting the Colorado River Compact); N.M. STAT. ANN (adopting the Rio Grande Compact); UTAH STAT. ANN a-2 (2006) (adopting the Colorado River Compact); VA. STAT. ANN (adopting the Metro Washington Airports Authority oversight requirements); WASH. STAT. ANN (2006); 72 See ARIZ. STAT. ANN (2006) (signing Arizona onto the Uniform Interstate Family Support Act); COLO. STAT. ANN (2006); 25 M.R.S (2006) (adopting the Northeast State Police Compact); MASS. SPEC. L. ch (adopting the Northeast State Police Compact); MINN. STAT. ANN (adopting the National Guard Mutual Assistance Counterdrug Activities Compact); Miss. Stat. Ann (2006) (adopting the National Guard Mutual Assistance Counterdrug Activities Compact); MO. STAT. ANN (2006) (adopting the Interstate Earthquake Emergency Compact); N.H. STAT. ANN. 125-A:1 (adopting the Northeast Medical Needs Compact); N.H. STAT. ANN. 215-B:1 (2006) (adopting the Northeast Conservation Law Enforcement Compact); N.D. STAT. ANN (2006) (adopting the National Guard Mutual Assistance Counter Drug Activities Compact); 51 PA. C.S (adopting the Interstate Compact for Mutual Military Aid); R.I. STAT. ANN (2006) (adopting the Northeast State Police Compact); S.C. STAT. ANN (2006) (adopting the Southeastern Interstate Forest Fire Protection Compact). 14

16 Within the executive structure, governors are the designated representatives of their state to the United States government 73 outside of those elected to federal office from the state which frequently requires addressing issues such as border control and enforcement and handling federal financing for state projects and federal highways running through their states. 74 In states with Native American populations, and attendant sovereignty issues, governors are given primary authority over state relations with Native American groups. 75 Additionally, in several states the governor is tasked with handling international relations, to the extent that this field is not preempted by the president s powers, and international economic development issues, 76 such as the Virginia-Israel Advisory Board 77 and the Virginia Asian Advisory Board. 78 At home, governors have appointment powers for department and agency heads, subject to legislative confirmation in most instances. 79 Many states allow governors to 73 See, e.g., CAL. GOV. CODE (2006); FLA. STAT. ANN (2006); Neb. Stat. Ann (2006); NEV. STAT. ANN (2006). 74 See, e.g., HAWAII STAT. ANN (2006); 30 ILCS 255/1. 75 See CAL. CONST. ART. IV 19 (2006);CAL. GOV. CODE (2006); COLO. STAT. ANN (2006); K.S.A (2006). 76 See ALASKA STAT. ANN (2006); 5 M.R.S. 263 (2006) (vesting the governor of the State of Maine with the responsibility of overseeing the Maine-Canada Trade Ombudsman); MASS. SPEC. L. S141 1 (adopting the International Emergency Management Assistance Compact); MICH. STAT. ANN (establishing the governor s authority under the Michigan Export Development Act); MICH. STAT. ANN (describing Michigan s international trade programs and the role of the governor in administering them); N.M. STAT. ANN A-5 (adopting the New Mexico-Chihuahua Commission); IND. STAT. ANN. 2D.1 (2006); MICH. STAT. ANN (2006). 77 See VA. STAT. ANN (2006). 78 See VA. STAT. ANN (2006). 79 See ALASKA CONST. ART. III 25 (2006); CAL. GOV. CODE 1300 (2006); COLO. CONST. ART. IV 6 (2006); FLA. CONST. ART. IV 6 (2006); GA. CONST. ART. V II para. IV (2006); HAWAII CONST. ART. V 6 (2006); IDAHO CONST. ART. IV 6 (2006); ILL. CONST. ART. V 9 (2006); IND. CONST. ART (2006); KANSAS CONST. ART (2006); KY. CONST. 76 (2006); LA. CONST. ART. IV 8 (2006); MASS. CONST. pt. II ch. II 1 art. IX (2006); MD. CONST. ART. II 10 (2006); MICH. CONST. ART. V 3 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 4 (2006); NEB. CONST. ART, IV 1 (2006); NEV. CONST. ART. 5 8 (2006); NH. CONST. pt. 2 art. 49 (2006); N.J. CONST. ART. V IV para 2 (2006); N.M. CONST. ART. IV 42 (2006); N.Y. CONST. ART. V 4 (McKinney 2006); N.C. CONST. ART. III 5 (2006); OHIO CONST. ART. III 21 (2006); OKLA. CONST. ART. VI 13 (2006); ORE. CONST. ART. III 15

17 fill legislative vacancies, 80 judicial vacancies, 81 and to make recess appointments. 82 Governors have the power to convene special sessions of their state legislature, 83 and, in many instances, may move the meeting place of their legislatures in times of emergency. 84 When these special or extraordinary sessions are convened, the legislature is typically bound to address only the issues which the governor has placed on the agenda, and cannot introduce any additional measurers. 85 Governors are typically 4 (2006); PENN. CONST. ART. 4 8 (2006); TEXAS CONST. ART. IV 12 (2006); UTAH CONST. ART. VII 9 (2006); VA. CONST. ART. V 10 (2006); WASH. CONST. ART. III 13 (2006); W. VA. CONST. ART. VII 8 (2006); WY. CONST. ART. 4 7 (2006). 80 See ALA. CONST. ART. IV 46 (2006); ALASKA CONST. ART. II 4 (2006); ARK. CONST. ART (2006); CAL. CONST. ART. IV 2 (2006); HAWAII CONST. ART. III 5 (2006); Ill. Const. art. V 7 (2006); IOWA CONST. ART. IV 10 (2006); LA. CONST. ART. IV 8 (2006); MINN. CONST. ART. IV 4 (2006); S.D. CONST. ART. III 10 (2006); WISC. CONST. ART. XIII 10 (2006). 81 See ALASKA CONST. ART. IV 5, 8 (2006); ARK. CONST. ART (2006); CAL. CONST. ART. VI 16 (2006); COLO. CONST. ART. VI 20 (2006); DEL. CONST. ART. IV 3 (2006); HAWAII CONST. ART. VI 3 (2006); IOWA CONST. ART. V 15 (2006); KANSAS CONST. ART. 3 5 (2006); KY. CONST. 118 (2006); MAINE CONST. ART. V pt. I 8 (2006); MASS. CONST. pt. II ch. II 1 art. IX (2006); MINN. CONST. ART. VI 8 (2006); N.J. CONST. ART. VI VI para 1 (2006); N.Y. CONST. ART. VI (McKinney 2006); PENN. CONST. ART. 4 8 (2006); S.D. CONST. ART. V 7 (2006); VT. CONST. CH. II 32 (2006); WY. CONST. ART. 5 4 (2006). 82 See ALASKA CONST. ART. III 27 (2006); IDAHO CONST. ART. IV 6 (2006); ILL. CONST. ART. 9 (2006); IND. CONST. ART (2006); IOWA CONST. ART. IV 10 (2006); LA. CONST. ART. IV 8 (2006); MD. CONST. ART. II 11 (2006); MONT. CONST. ART. VI 8 (2006); NEB. CONST. ART. IV 12 (2006); N.J. CONST. ART. V 1 para 8 (2006); N.D. CONST. ART. V 8 (2006); OHIO CONST. ART. III 21 (2006); TEXAS CONST. ART. IV 12 (2006). 83 See ALA. CONST. ART. IV 48 (2006); ALASKA CONST. ART. III 17 (2006); ARK. CONST. ART. 6 19; ARIZ. CONST. ART. V 4 (2006); CAL. CONST. ART. IV 3 (2006); COLO. CONST. ART. IV 9 (2006); CONN. CONST. ART. III 2 (2006); DEL. CONST. ART. II 4 (2006); FLA. CONST. ART. III 3 (2006); GA. CONST. ART. V II para. VII (2006); HAWAII CONST. ART. III 10 (2006); IDAHO CONST. ART. III 8 (2006); ILL. CONST. ART. IV 5 (2006); IND. CONST. ART. 4 9 (2006); IOWA CONST. ART. III 2 (2006); KANSAS CONST. ART. 1 5 (2006); KY. CONST. 36 (2006); MAINE CONST. ART. V. pt. I 13 (2006); MASS. CONST. pt. II ch. II 1 art. V (2006); MD. CONST. ART. II 16 (2006); MICH. CONST. ART. V 15 (2006); MINN. CONST. ART. IV 12 (2006); MISS. CONST. ART (2006); MONT. CONST. ART. V 6 (2006); NEB. CONST. ART, IV 8 (2006); NEV. CONST. ART. 5 9 (2006); N.M. CONST. ART. IV 6 (2006); N.Y. CONST. ART. IV 3 (McKinney 2006); N.C. CONST. ART. III 5 (2006); N.D. CONST. ART. V 7 (2006); OHIO CONST. ART. III 8 (2006); OKLA. CONST. ART. VI 7 (2006); ORE. CONST. ART. V 12 (2006); PENN. CONST. ART. 2 4 (2006); R.I. CONST. ART. IX 7 (2006); S.C. CONST. ART. IV 19 (2006); TENN. CONST. ART. III 9 (2006); TEXAS CONST. ART. IV 8 (2006); UTAH CONST. ART. VII 16 (2006); VA. CONST. ART. V 6 (2006); WASH. CONST. ART. II 12 (2006); W. VA. CONST. ART. VII 19 (2006); WISC. CONST. ART. IV 11 (2006); WY. CONST. ART. 3 7 (2006). 84 See ALA. CONST. ART. V. 122 (2006); ARK. CONST. ART (2006); HAWAII CONST. ART. III 10 (2006); KY. CONST. 36 (2006); MAINE CONST. ART. V. pt. I 13 (2006); MD. CONST. ART. II 16 (2006); MICH. CONST. ART. V 16 (2006); MISS. CONST. ART (2006); NH. CONST. pt. 2 art. 43 (2006); R.I. CONST. ART. IX 17 (2006); TEXAS CONST. ART. IV 8 (2006); WY. CONST. ART. 3 7 (2006). 85 See ARK. CONST. ART (2006); CAL. CONST. ART. IV 3 (2006); COLO. CONST. ART. IV 9 (2006); IDAHO CONST. ART. IV 9 (2006); ILL. CONST. ART. IV 5 (2006); LA. CONST. ART. IV 8 (2006); 16

18 required to submit a proposed budget for their state to the legislature on an annual basis, 86 and are usually required to address the legislative body in their state on annually. 87 Veto powers are vested solely in governors, who may typically be overridden only by extraordinary votes of their legislatures, although in some instances, such as popular initiatives, governors are not allowed to exercise their veto power. 88 Impeachment of a governor is universally provided for in state constitutions, with the state legislature exclusively hearing and deciding the issue, 89 except in recall states, where a constitutional MICH. CONST. ART. V 28 (2006); MISS. CONST. ART (2006); NEV. CONST. ART. 5 9 (2006); OHIO CONST. ART. III 8 (2006); UTAH CONST. ART. VII 6 (2006); VA. CONST. ART. V 6 (2006). 86 See CAL. CONST. ART. IV 12 (2006); COLO. CONST. ART. IV 8; FLA. CONST. ART. III 19 (2006); GA. CONST. ART. III IX para. II (2006); HAWAII CONST. ART. VII 8 (2006); ILL. CONST. ART. VIII 2 (2006); LA. CONST. ART. IV 8 (2006); MASS. CONST. AMEND. LXIII 2 (2006); MICH. CONST. ART. V 18 (2006); MO. CONST. ART. IV 24 (2006); MONT. CONST. ART. VI 9 (2006); NEB. CONST. ART, IV 7 (2006); N.Y. CONST. ART. III 1 3 (McKinney 2006); N.C. CONST. ART. III 5 (2006); OHIO REV. CODE ANN (2006); PENN. CONST. ART (2006); R.I. CONST. ART. IX 15 (2006); W. VA. CONST. ART. VII 6 (2006). 87 See ALASKA CONST. ART. III 18 (2006); ARIZ. CONST. ART. V 4 (2006); CAL. CONST. ART. V 3; COLO. CONST. ART IV 8 (2006); GA. STAT. ANN (2006); IDAHO CONST. ART. IV 8 (2006); ILL. CONST. ART. V 13 (2006); IND. CONST. ART (2006); KANSAS CONST. ART. 1 5 (2006); MAINE CONST. ART. V pt. I 9 (2006); MICH. CONST. ART. V 17 (2006); MINN. CONST. ART. V 3 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 9 (2006); MONT. CONST. ART. VI 9 (2006); NEB. CONST. ART, IV 7 (2006); NEV. CONST. ART (2006); N.J. CONST. ART. V 1 para 12 (2006); N.Y. CONST. ART. IV 3 (McKinney 2006); N.C. CONST. ART. III 5 (2006); N.D. CONST. ART. V 7 (2006); OHIO CONST. ART. III 7 (2006); OKLA. CONST. ART. VI 9 (2006); TENN. CONST. ART. III 11 (2006); TEXAS CONST. ART. IV 9 (2006); UTAH CONST. ART. VII 5 (2006); WISC. CONST. ART. V 4 (2006). 88 See ALA. CONST. ART. V 125 (2006); ALASKA CONST. ART. II 15 (2006); ARK. CONST. ART (2006); ARIZ. CONST. ART. 5 7; ART. IV pt. 2 12; CAL. CONST. ART. IV 10 (2006); COLO. CONST. ART. IV 11 (2006); CONN. CONST. ART. IV 15 (2006); DEL. CONST. ART. III 18 (2006); GA. CONST. ART. III V para XIII (2006); HAWAII CONST. ART. III 16 (2006); IDAHO CONST. ART. IV 10 (2006); ILL. CONST. ART. IV 9 (2006); IND. CONST. ART. 6 7 (2006); IOWA CONST. ART. III 16 (2006); KANSAS CONST. ART (2006); KY. CONST. 88 (2006); LA. CONST. ART. III 1 8 (2006); MAINE CONST. ART. IV pt. 3 2 (2006); MASS. CONST. pt. II ch. II 1 art. III (2006); MD. CONST. ART. II 17 (2006); MICH. CONST. ART. IV 33 (2006); MINN. CONST. ART. IV 23 (2006); MISS. CONST. ART (2006); MO. CONST. ART. III 31 (2006); MONT. CONST. ART. VI 10 (2006); NEB. CONST. ART, IV 15 (2006); NEV. CONST. ART (2006); NH. CONST. pt. 2 art. 44 (2006); N.J. CONST. ART. V 1 para 14 (2006); N.M. CONST. ART. IV 22 (2006); N.Y. CONST. ART. IV 7 (McKinney 2006); N.C. CONST. ART. III 22 (2006); N.D. CONST. ART. V 9 (2006); OHIO CONST. ART. II 16 (2006); OKLA. CONST. ART. VI 11 (2006); PENN. CONST. ART (2006); R.I. CONST. ART. IX 14 (2006); S.C. CONST. ART. IV 21 (2006); S.D. CONST. ART. IV 4 (2006); TENN. CONST. ART. III 18 (2006); TEXAS CONST. ART. IV 14 (2006); UTAH CONST. ART. VII 8 (2006); VT. CONST. CH. II 11 (2006); WASH. CONST. ART. III 12 (2006); WISC. CONST. ART. V 100 (2006); WY. CONST. ART. 4 8 (2006). 89 See ALA. CONST. ART. VII 173 (2006); ALASKA CONST. ART. II 16 (2006); ARK. CONST. ART (2006); ARIZ. CONST. ART. VIII pt. 2 2 (2006); CAL. CONST. ART. IV 4 (2006); COLO. CONST. ART. XIII; DEL. CONST. ART. VI 1 (2006); FLA. CONST. ART. III 17 (2006); GA. CONST. ART. III VII (2006); 17

19 amendment now allows governors to be recalled by the people. 90 Additionally, all states have established a set line of succession in the event that a governor dies, resigns, or becomes incapacitated while in office. 91 Governors are provided with pardoning power for criminals, 92 although some states have attempted to check this power through the creation of pardon commissions, which evaluate those eligible to receive a pardon and recommend a specific list of potential pardon recipients to the governor. 93 HAWAII CONST. ART. III 19 (2006); IDAHO CONST. ART. V 4 (2006); ILL. CONST. ART. IV 4 (2006); IOWA CONST. ART. III 20 (2006); KANSAS CONST. ART (2006); KY. CONST. 68 (2006); MASS. CONST. pt. II ch. I I art. 8 (2006); MD. CONST. ART. II 7 (2006); MINN. CONST. ART. VIII 2 (2006); MISS. CONST. ART (2006); MO. CONST. ART. III 2 (2006); MONT. CONST. ART. V 13 (2006); NEV. CONST. ART. 7 1 (2006); NH. CONST. pt. 2 art. 40 (2006); N.M. CONST. ART. IV 36 (2006); N.Y. CONST. ART. VI 24 (McKinney 2006); N.C. CONST. ART. IV 4 (2006); N.D. CONST. ART. XI 8 (2006); OHIO CONST. ART. II 24 (2006); OKLA. CONST. ART. VIII 1 (2006); R.I. CONST. ART. IX 1 (2006); S.C. CONST. ART. V 2 (2006); S.D. CONST. ART. XVI 3 (2006); TENN. CONST. ART. V 4 (2006); TEXAS CONST. ART. XV 2 (2006); UTAH CONST. ART. VII 19 (2006); VA. CONST. ART. V 17 (2006); WISC. CONST. ART. VII 1 (2006); WY. CONST. ART (2006). 90 See CAL. CONST. ART. II (2006); N.D. CONST. ART. III 10 (2006). 91 See ALA. CONST. ART. V 127 (2006); ALASKA CONST. ART. III 10 (2006); ARIZ. CONST. ART. V 6 (2006); CAL. CONST. ART. V 10 (2006); COLO. CONST. ART. IV 13 (2006); CONN. CONST. ART. IV 18 (2006); DEL. CONST. ART. III 20 (2006); FLA. CONST. ART. III 3 (2006); GA. CONST. ART. V I para. V (2006); HAWAII CONST. ART. V 4 (2006); IDAHO CONST. ART. IV 12 (2006); ILL. CONST. ART. V 6 (2006); ILL. CONST. ART. V 12 (2006); IND. CONST. ART (2006); IOWA STAT. ANN (2006); KY. CONST. 77 (2006); LA. CONST. ART. IV 14(2006); MAINE CONST. ART. V pt. I (2006); MASS. CONST. pt. II ch. II 3 art. VI (2006); MD. CONST. ART. II 6 (2006); MICH. CONST. ART. V 26 (2006); MINN. CONST. ART. V 5 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 11 (2006); MONT. CONST. ART. VI 14 (2006); NEB. CONST. ART, IV 18 (2006); NEV. CONST. ART (2006); NH. CONST. pt. 2 art. 49 (2006); N.J. CONST. ART. V 1 para 6 (2006); N.M. CONST. ART. V 7 (2006); N.Y. CONST. ART. IV 5 (McKinney 2006); N.C. CONST. ART. III 3 (2006); N.D. CONST. ART. V 11 (2006); OHIO CONST. ART. III 15 (2006); 74 OKL. STAT. 8 (2006); ORE. CONST. ART. V 8a (2006); PENN. CONST. ART (2006); R.I. CONST. ART. IX 9 10 (2006); S.C. CONST. ART. IV 11 (2006); S.D. CONST. ART. IV 6 (2006); TENN. CONST. ART. III 12 (2006); TEXAS CONST. ART. IV 3a (2006); UTAH CONST. ART. VII 11 (2006); VA. CONST. ART. V 16 (2006); VT. CONST. CH. II 24 (2006); WASH. CONST. ART. III 10 (2006); W. VA. CONST. ART. VII 16 (2006); WY. CONST. ART. 4 6 (2006). 92 See ALA. CONST. ART. V 124 (2006); ALASKA CONST. ART. III 21 (2006); ARK. CONST. ART (2006); ARIZ. CONST. ART. V 5 (2006); CAL. CONST. ART. V 8; COLO. CONST. ART. IV 7 (2006); FLA. CONST. ART. IV 8 (2006); IDAHO CONST. ART. IV 7 (2006); IND. CONST. ART (2006); MAINE CONST. ART. V pt. I 11 (2006); MD. CONST. ART. II 20 (2006); MICH. CONST. ART. V 14 (2006); MINN. CONST. ART. V 7 (2006); MISS. CONST. ART (2006); MO. CONST. ART. IV 7 (2006); MONT. CONST. ART. VI 12 (2006); NEV. CONST. ART (2006); N.J. CONST. ART. V II para 1 (2006); N.Y. CONST. ART. IV 4 (McKinney 2006); N.C. CONST. ART. III 5 (2006); OHIO CONST. ART. III 11 (2006); OKLA. CONST. ART. VI 10 (2006); PENN. CONST. ART. 4 9 (2006); R.I. CONST. ART. IX 4 (2006); TEXAS CONST. ART. IV 11 (2006); UTAH CONST. ART. VII 12 (2006); WASH. CONST. ART. III 9 (2006). 93 See ALA. CONST. ART. V 124 (2006); MINN. CONST. ART. V 7 (2006); NEV. CONST. ART (2006); TEXAS CONST. ART. IV 11 (2006). 18